State ordered to pay costs of man’s action over bilingual jury

Judges agreed case raised important constitutional issues

The Supreme Court has ordered the State to pay the entire costs of a man’s unsuccessful action aimed at having his trial on assault charges heard by a bilingual jury drawn from a specially designated area of south Connemara where most people speak Irish.

Last February, Peadar O Maicín, a native Irish speaker who lived in Rosmuc, Co Galway, most of his life but now lives in Lower Salthill, Galway, lost, by a four to one majority, his Supreme Court appeal against the High Court’s rejection of his case.

All five judges agreed his case raised important constitutional issues involving balancing language rights against the duty of the State to prosecute crimes before representative juries.

Because of the constitutional issues raised and public policy considerations arising from the fact the action concerned the rights of native Irish speakers in Gaeltacht areas, the court yesterday granted an application by Seamas O Tuathail, for Mr Ó Maicin, for his High and Supreme Court costs against the State.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times